In an issue of first impression, the Appellate Court of Maryland ruled that a circuit court erred in awarding attorney fees to a victim and held that under the plain language of the applicable statute, the "direct out-of-pocket loss" provision exclusively authorizes courts to award restitution losses resulting from a victim's physical or mental injury.

Judge Donald E. Beachley, in his written opinion for the unanimous appellate panel, upheld the theft conviction of Sharon Shivers for stealing money from her elderly father. However, the appellate court also held that the circuit court erred in its award of attorney fees incurred by the father in an attempt to recover the funds.